S T A T E O F N E W Y O R K
________________________________________________________________________
7595
2009-2010 Regular Sessions
I N A S S E M B L Y
April 16, 2009
___________
Introduced by M. of A. GALEF, PAULIN, PHEFFER, DESTITO, DelMONTE,
POWELL, BOYLAND, BENJAMIN, PEOPLES, KOLB, FIELDS, J. RIVERA,
P. RIVERA, JAFFEE, SCHROEDER, CALHOUN -- Multi-Sponsored by -- M. of
A. ALFANO, BALL, BARRA, CLARK, CROUCH, DIAZ, DINOWITZ, DUPREY, ERRIGO,
FITZPATRICK, GIGLIO, LATIMER, MAISEL, MARKEY, MOLINARO, REILLY, SCOZ-
ZAFAVA, SWEENEY, THIELE, TOWNS, WALKER -- read once and referred to
the Committee on Ways and Means
AN ACT to amend the tax law, in relation to the lottery game of Quick
Draw, and the disposition of lottery revenues
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs 1, 2 and 3 of subdivision a of section 1612 of
the tax law, paragraph 1 as amended by chapter 336 of the laws of 1999,
paragraph 2 as amended by section 1 of part P of chapter 85 of the laws
of 2002 and paragraph 3 as amended by section 2 of part D of chapter 383
of the laws of 2001, are amended to read as follows:
(1) [sixty] FORTY percent of the total amount for which tickets have
been sold for a lawful lottery game introduced on or after the effective
date of this paragraph, subject to the following provisions:
(A) drawings in such game shall be held during no more than thirteen
hours each day, no more than eight hours of which shall be consecutive;
(B) such game shall be available only on premises occupied by licensed
lottery sales agents, subject to the following provisions:
(i) if the licensee holds a license issued pursuant to the alcoholic
beverage control law to sell alcoholic beverages for consumption on the
premises, then not less than twenty-five percent of the gross sales must
result from sales of food;
(ii) if the licensee does not hold a license issued pursuant to the
alcoholic beverage control law to sell alcoholic beverages for consump-
tion on the premises, then the premises must have a minimum square
footage greater than two thousand five hundred square feet;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10681-01-9
A. 7595 2
(iii) notwithstanding the foregoing provisions, television equipment
that automatically displays the results of such drawings may be
installed and used without regard to the percentage of food sales or the
square footage if such premises are used as:
(I) a commercial bowling establishment, or
(II) a facility authorized under the racing, pari-mutuel wagering and
breeding law to accept pari-mutuel wagers;
(C) the rules for the operation of such game shall be as prescribed by
regulations promulgated and adopted by the division, provided however,
that such rules shall provide that no person under the age of twenty-one
may participate in such games on the premises of a licensee who holds a
license issued pursuant to the alcoholic beverage control law to sell
alcoholic beverages for consumption on the premises; and, provided,
further, that such regulations may be revised on an emergency basis not
later than ninety days after the enactment of this paragraph in order to
conform such regulations to the requirements of this paragraph; or
(2) [sixty-five] FORTY percent of the total amount for which tickets
have been sold for the "Instant Cash" game in which the participant
purchases a preprinted ticket on which dollar amounts or symbols are
concealed on the face or the back of such ticket, provided however up to
three such games may be offered during the fiscal year, seventy-five
percent of the total amount for which tickets have been sold for such
three games in which the participant purchases a preprinted ticket on
which dollar amounts or symbols are concealed on the face or the back of
such ticket; or
(3) [fifty] FORTY percent of the total amount for which tickets have
been sold for games known as: (A) the "Daily Numbers Game" or "Win 4",
discrete games in which the participants select no more than three or
four of their own numbers to match with three or four numbers drawn by
the division for purposes of determining winners of such games, (B)
"Pick 10", offered no more than once daily, in which participants select
from a specified field of numbers a subset of ten numbers to match
against a subset of numbers to be drawn by the division from such field
of numbers for the purpose of determining winners of such game, (C)
"Take 5", offered no more than once daily, in which participants select
from a specified field of numbers a subset of five numbers to match
against a subset of five numbers to be drawn by the division from such
field of numbers for purposes of determining winners of such game, and
(D) any joint, multi-jurisdiction, and out-of-state lottery; or
S 2. The opening paragraph of paragraph 1 of subdivision b of section
1612 of the tax law, as amended by chapter 140 of the laws of 2008, is
amended to read as follows:
Notwithstanding section one hundred twenty-one of the state finance
law, on or before the twentieth day of each month, the division shall
pay into the state treasury, to the credit of the state lottery fund
created by section ninety-two-c of the state finance law, not less than
forty-five percent of the total amount for which tickets have been sold
for games defined in paragraph four of subdivision a of this section
during the preceding month, not less than [thirty-five] FORTY-FIVE
percent of the total amount for which tickets have been sold for games
defined in paragraph three of subdivision a of this section during the
preceding month, not less than [twenty] FORTY-FIVE percent of the total
amount for which tickets have been sold for games defined in paragraph
two of subdivision a of this section during the preceding month,
provided however that for games with a prize payout of seventy-five
percent of the total amount for which tickets have been sold, the divi-
A. 7595 3
sion shall pay not less than ten percent of sales into the state treas-
ury and not less than [twenty-five] FORTY-FIVE percent of the total
amount for which tickets have been sold for games defined in paragraph
one of subdivision a of this section during the preceding month; and the
balance of the total revenue after payout for prizes for games known as
"video lottery gaming," (i) less ten percent of the total revenue
wagered after payout for prizes to be retained by the division for oper-
ation, administration, and procurement purposes; (ii) less a vendor's
fee the amount of which is to be paid for serving as a lottery agent to
the track operator of a vendor track:
S 3. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become a law; provided, however,
that the amendments to paragraphs 1, 2 and 3 of subdivision a of section
1612 of the tax law made by section one of this act shall not affect the
repeal of such paragraphs and shall be deemed repealed therewith.